Is it possible to sublet official residences in Vietnam? What are requirements for renting official residences in Vietnam?

Is it possible to sublet official residences in Vietnam?

I have a little question that I hope to be answered, can you tell me the oobligations of lessees of official residences? Is it allowed to sublet or lend the official residence that the individual rents? Hope you guys can help me, thank you very much.

Reply:

According to the provisions of Clause 2, Article 34 of the Law on Housing 2014, rights and obligations of lessees of official residences:

2. The lessee of an official residence has obligations to:

a) Use the official residence for residential purposes and daily needs of them or their families over the lease term;

b) Reserve the official residence and assets attached to; do not renovate, repair, or demolish the official residence without the consent of the lessor; or comply with regulations on management and use of apartment buildings if he/she lives in an apartment.

c) Do not sublet, lend official residences, or authorize the management of official residences;

d) Pay the contractual rents and pay other living expenses as regulated by the service provider;

dd) Return the official residence to the State when he/she is not entitled to rent the official residence, or does not wish to rent the official residence, or commit violations subject to housing withdrawal as prescribed in this Law within 90 days, from the date on which the notification of the agency in charge of management of official residence is received;

e) Implement the enforcement of a decision on housing withdrawal issued by the competent agency in case the housing is subject to withdrawal enforcement;

g) Fulfill other obligations as prescribed in regulations of law and as specified in the agreement on official residence lease.

Thus, according to the above provisions in Vietnam, tenants of official residences are not allowed to sublet, lend or authorize the management of official residences. Because, official residence is a house that is used for the entities eligible to stay in the official residence according to regulations to rent during the period of holding a position or work.

The above is the content of advice on the obligations of lessees in official residences in Vietnam.

What are requirements for renting official residences in Vietnam?

What are requirements for renting official residences? Hello, my name is The Khanh, I am wishing to learn the provisions of the law related to the ownership, development, management and use of housing; housing transactions; State management of housing in Vietnam. I have a question that I need the editor to help me answer. May I ask, what are requirements for renting official residences? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!

The Khanh (thekhanh*****@gmail.com)

Reply:

According to the provisions of Clause 2, Article 32 of the Law on Housing 2014, requirements for renting official residences are specified as follows:

2. Requirements for renting official residences:

a) The official residences are allocated to entities prescribed in Point a Clause 1 of this Article as required by security;

b) The official residences shall be allocated to entities prescribed in Point b, c, d, dd, e, and Clause 1 of this Article if they have not any house under their ownership and have not purchased, rented or rented and purchased social housing in the administrative divisions where they are working; or they have houses under their ownership in the administrative divisions where they are working, but their floor area per capita in the households is lower than the minimum floor area regulated by the Government in every period and every area.

- The entities specified at Points b, c, d, dd, e and g, Clause 1, Article 32 of the Law on Housing 2014 include:

b) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point a of this Clause but they are subject to job rotation in the central agencies and holding at least Deputy Minister positions or equivalent; or subject to job rotation in the local agencies and holding at least President of the People’s Committee of district or Director of Service positions or equivalent;

c) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point b of this Clause but they are subject to job rotation in communes of remote areas or severely disadvantaged areas, border or island areas;

d) Officers or professional soldiers in People’s armed forces subject to job rotation as required by national defense and security, except for entities living in the barracks of the armed forces as prescribed in regulations of law;

dd) Teachers who are teaching in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

e) Doctors, health workers who are working in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

d) Scientists who are in charge of national science and technology projects prescribed in the Law on science and technology.

The above entities must be in the category of not having a house under their ownership and have not been allowed to buy, rent or lease-purchase social housing in the locality where they work or already have a house under their ownership at the place of work. However, the average housing area per capita in the household is lower than the minimum housing area prescribed by the Government from time to time and in different regions in Vietnam.

The above is the content of advice on conditions for renting official residences in Vietnam. For more detailed information, you should refer to the Housing Law 2014.

Eligible entities and rules for determination of official residence rents in Vietnam  

I have a question, hope you guys can help me out, what is the current state policy on eligible entities for renting official residence? Besides, what is principle of determination of official residence rents? Hope you guys can help me, thank you.

Reply:

Official residence means any house rent by entities entitled to live in official residences as prescribed in this Law over the duration in which they are on duty.

In Clause 1, Article 32 of the Law on Housing 2014, the entities of official residences include:

1. The entities entitled to rent official residences include:

a) Senior officials of the Communist Party and/or the State entitled to rent the official residences over the duration in which they are on duty;

b) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point a of this Clause but they are subject to job rotation in the central agencies and holding at least Deputy Minister positions or equivalent; or subject to job rotation in the local agencies and holding at least President of the People’s Committee of district or Director of Service positions or equivalent;

c) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point b of this Clause but they are subject to job rotation in communes of remote areas or severely disadvantaged areas, border or island areas;

d) Officers or professional soldiers in People’s armed forces subject to job rotation as required by national defense and security, except for entities living in the barracks of the armed forces as prescribed in regulations of law;

dd) Teachers who are teaching in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

e) Doctors, health workers who are working in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

d) Scientists who are in charge of national science and technology projects prescribed in the Law on science and technology.

In Article 33 of the Law on Housing 2014, the rules for determination of official residence rents are as follows:

1. It is required to calculate accurately and sufficiently essential expenditures on management of operation and maintenance and management of the lease during the lease term of the official residence.

2. The land levies on official residence construction and depreciation expenses on capital invested in official residence construction or expenditures on buying commercial housing for official residence shall not be included.

3. The official residence rents shall be decided and adjusted in every period by the competent agency prescribed in Clause 2 Article 81 of this Law.

4. In case renting commercial housing for official residences, the lessee shall pay the rents which are lower than the commercial housing rents as prescribed in regulations of the Government.

The above is the content of advice on lessees of official residences and the principles of determination of official residence rents in Vietnam.

Best regards!